1. Confidentiality & Non-Disclosure Undertaking
This undertaking is given by you ("the User") to CarWave ("the Company") and takes effect from the date you accept it electronically below.
1.1 Confidential Information. "Confidential Information" means any non-public information relating to the CarWave application, including but not limited to its features, functionality, user interface and user experience design, valuation methodology, scraping and data-sourcing techniques, source code, database structure, business model, pricing, and any other materials made available to you through your use of the application.
1.2 Non-disclosure. You agree not to disclose, publish, or discuss any Confidential Information with any third party, including on social media, forums, blogs, or to competitors, without the Company's prior written consent.
1.3 Non-replication. You agree not to copy, reverse-engineer, reproduce, or replicate any feature, design, methodology, or functionality of the application, in whole or in part, for your own use or for any third party, without the Company's prior written consent.
1.4 Permitted use. Nothing in this undertaking prevents you from discussing your general experience of using the application (e.g. a review), provided you do not disclose Confidential Information as defined above.
1.5 Exclusions. This undertaking does not apply to information that: is or becomes publicly available other than through your breach; you can show was already lawfully in your possession; or which you are required to disclose by law, regulation, or a court or regulator of competent jurisdiction (in which case you will, where lawfully permitted, give the Company reasonable prior notice).
1.6 Duration. Your obligations under this undertaking continue for as long as you use the application and for five (5) years after you stop using it, or until the relevant information ceases to be confidential under clause 1.5, whichever is earlier.
1.7 Remedies. You acknowledge that a breach of this undertaking may cause the Company harm that cannot be adequately compensated by damages alone, and that the Company is entitled to seek injunctive relief in addition to any other remedies available to it at law.
1.8 Governing law. This undertaking is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from it.
2. Terms of Service
2.1 Acceptance. By creating an account you agree to be bound by these Terms. If you do not agree, you must not use the application.
2.2 The service. CarWave provides tools to track a user's car collection ("My Garage"), watch cars of interest ("Future Classics"), and view market valuation estimates derived from third-party listing data. Valuations are estimates only, are not financial, investment, or professional advice, and the Company gives no warranty as to their accuracy. You should seek independent professional advice before making any purchase, sale, or investment decision involving a vehicle.
2.3 Accounts. You must provide accurate information when registering and are responsible for keeping your login credentials secure. You must be at least 18 years old to use the application.
2.4 Subscriptions. Paid tiers are billed in advance on a recurring basis via our payment processor. You can cancel at any time; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law.
2.5 Acceptable use. You must not misuse the application, attempt to circumvent its security or access controls, scrape or extract data from it at scale, or use it for any unlawful purpose.
2.6 Intellectual property. All intellectual property rights in the application and its content belong to the Company or its licensors. No rights are granted to you other than the limited right to use the application in accordance with these Terms.
2.7 Data protection. The Company processes your personal data in accordance with UK data protection law (the UK GDPR and the Data Protection Act 2018) and its Privacy Policy. You have the rights afforded to you under that legislation, including the right to access, correct, or request deletion of your personal data.
2.8 Liability. Nothing in these Terms limits liability for death, personal injury, or fraud, or any other liability that cannot lawfully be limited or excluded. Subject to that, the Company's total liability to you arising out of or in connection with the application is limited to the amount you have paid the Company in the twelve (12) months preceding the claim, and the Company is not liable for indirect or consequential losses, including losses arising from decisions made in reliance on valuation estimates.
2.9 Termination. The Company may suspend or terminate your account if you breach these Terms or the Confidentiality & Non-Disclosure Undertaking above. You may stop using the application and close your account at any time.
2.10 Changes. The Company may update these Terms from time to time. Continued use of the application after changes take effect constitutes acceptance of the revised Terms.
2.11 Governing law. These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.